AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

LUCILLE DESTRANGE, RESPONDENT, v. ALLAN H. LIND, ETC., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

By commencing this action to recover damages for medical malpractice, the plaintiff waived the physician-patient privilege with respect to her relevant past medical history (see, CPLR 3121; Coddington v. Lisk, 249 A.D.2d 817). That waiver must be read in conjunction with the mandate of CPLR 3101(a), which provides for disclosure of all matter "material and necessary" to the defense of the action (see, Andon v. 302-304 Mott St. Assocs., 94 N.Y.2d 740). The Supreme Court providently exercised its discretion in limiting the defendants' access to the plaintiff's past medical records to the five-year period before the alleged acts of malpractice in controversy, as the defendants failed to demonstrate that access to earlier medical records would result in the discovery of admissible or relevant evidence (see, King v. Salvation Army, 240 A.D.2d 473; Manley v. New York City Hous. Auth., 190 A.D.2d 600). The defendants' remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

DESTRANGE v. LIND
(Nov 20, 2000)